Dunn v. Goh LLC

United States District Court, S.D. Georgia, Savannah Division

July 21, 2014

JERRY DUNN, Plaintiff,v.GOH LLC and RYLYN HUGHES, Defendants.

REPORT AND RECOMMENDATION

G.R. SMITH, Magistrate Judge.

Proceeding pro se, Jerry Dunn moves for leave to proceed in forma pauperis (IFP) in his case against GOH LLC and Rylyn Hughes. Doc. 2. Finding him indigent, the Court GRANTS his IFP motion, doc. 2, but his complaint, doc. 1, as supplemented by his "removal" filing, doc. 3, must be dismissed for lack of jurisdiction.[1]

The defendants sued Dunn in an Alaska small claims court. Dunn, claiming Georgia residency, purports to be "removing" it to this Court rather than an Alaska federal court. His jurisdictional and removal assertions (doc. 3) are frivolous, [2] as is his main complaint (doc 1), where he invokes an "inherent right of the 11th Amendment" open to him "[a]s an America[n] Citizen, " (id. at 11) to advance a legally absurd "Request for Debt Validation." Id. at 25. In that plaintiff's legal theories are at best nonsensical, [3] no second-chance amendment is warranted here.[4]

Accordingly, this case (does. 1 & 3) must be DISMISSED.

SO REPORTED AND RECOMMENDED.

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